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← 64 F. Supp. 3d 717 - Brown v. Johnson

64 F. Supp. 3d 717 - Brown v. Johnson’s Empirical Analysis

2014

Citation profile

3
cited by 3 later decisions
1
states following
June 2017
most recently cited

1 district · 1 state decisions

Relationships

Relies on Anderson v. Liberty Lobby, Inc. · Wyeth v. Levine · Williams v. Borough of West Chester · Martin v. Johns-Manville Corp. · Kirkbride v. Lisbon Contractors, Inc.

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “the FDCA's treatment of prescription drugs includes neither an express pre-emption clause (as in the vaccine context, 42 U.S.C. § 300aa-22(b)(1) ), nor an express non-pre-emption clause (as in the over-the-counter drug context, 21 U.S.C. §§ 379r(e), 379s(d) ). In the absence of that sort of 'explicit' expression of congressional intent, we are left to divine Congress' will from the duties the statute imposes.”
    1 later decision quote this exact passage · from the majority
  2. “The Supreme Court has not addressed whether federal law can preempt state law design defect claims brought against manufacturers of brand-name or nonprescription drugs.”
    1 later decision quote this exact passage · from the majority

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.